Manish Kumar @ Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11848 of 2018 Arising Out of PS.Case No. -119 Year- 2017 Thana -MATIHANI District- BEGUSARAI ====================================================== Manish Kumar @ Manish Singh, Son of Shiv Kumar Singh, Resident of Village- Jagatpura Ward No. 9, P.S. Matihani, District- Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 14.11.2017 in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 300.78 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 300.78

Patna High Court Cr.Misc. No.11848 of 2018 (2) dt.28-02-2018 2/2 liters wine is recovered from the land of Dharo Singh and Gopal Singh which was fixed under the soil. The petitioner has not been apprehended on spot. The name of the petitioner has come on the basis of disclosure made by local Chowkidar Ram Chandra Paswan. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-7th, Begusarai-cum-Special Judge, Bihar Prohibition and Excise Act, 2016 in connection with Matihani P.S. Case No. 119 of 2017.

U.K./- (Sudhir Singh, J) U T